As Introduced

134th General Assembly

Regular Session S. B. No. 357

2021-2022

A BILL

To amend sections 2151.34, 2903.213, 2903.214, 2919.26, 2923.20, 2923.21, 2923.211, 3113.31, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, and 5122.99 and to enact sections 311.51, 2307.68, 2923.133, 5502.71, 5502.72, and 5502.73 of the Revised Code to provide for issuance of safety protection orders; to address LEADS and NCIC inclusion of protection orders; to provide for seller's protection certificates under a new background check mechanism; to modify procedures and criminal offenses related to firearm transfers; to modify the laws regarding certain provisions related to mental health treatment; and to express the intent of the General Assembly to appropriate specified sums of federal funding under the American Rescue Plan Act of 2021 to be used regarding a behavioral health workforce and crisis infrastructure expansion.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.34, 2903.213, 2903.214, 2919.26, 2923.20, 2923.21, 2923.211, 3113.31, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, and 5122.99 be amended and sections 311.51, 2307.68, 2923.133, 5502.71, 5502.72, and 5502.73 of the Revised Code be enacted to read as follows:

Sec. 311.51. (A)(1) As used in this section:

(a) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.

(b) "Prospective transferee" means the person who is the subject of a petition filed under division (B)(2) of this section requesting a sheriff to contact the department and request the department to conduct background checks of the person under section 5502.71 of the Revised Code.

(c) "Transfer" means, except as otherwise provided in this division, a person's sale, loaning, giving, or furnishing of a firearm to another person. "Transfer" does not include a person's gift of a firearm to a family member of the person.

(d) "Identification document" means a document made or issued by or under the authority of the United States government, this state, or any other state, a political subdivision of this state or any other state, a sponsoring entity of an event designated as a special event of national significance, a foreign government, a political subdivision of a foreign government, an international governmental organization, or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals and that includes a photograph of the individual.

(2) It is the intent of the general assembly that the issuance of a seller's protection certificate under this section and section 5502.71 of the Revised Code be compliant with the national instant criminal background check system, that the government of the United States be able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a seller's protection certificate under this section or section 5502.71 of the Revised Code unless the person is eligible to lawfully purchase, receive, or possess a firearm in the United States.

(B)(1) A person who is not a federally licensed firearms dealer and who wishes to transfer any firearm to another person who is not a federally licensed firearms dealer may require the prospective transferee to provide proof that, within the ninety days prior to the transfer of the firearm, the prospective transferee was issued a current seller's protection certificate as set forth in this section and section 5502.71 of the Revised Code. If the person who wishes to transfer the firearm requires the prospective transferee to provide such proof, the prospective transferee may not be transferred that firearm until after the prospective transferee provides such proof.

(2) A person who seeks to receive a firearm by transfer from another person who is not a federally licensed firearms dealer may file a petition with the sheriff of any county requesting the sheriff, through the department of public safety, to conduct background checks on the person's self under section 5502.71 of the Revised Code.

(3) A sheriff with whom a petition is filed under division (B)(2) of this section may charge a person who files a petition under division (B)(2) of this section a fee, not exceeding ten dollars, for filing the petition.

(C)(1) The department of public safety, by rule, shall prescribe a form to be used by a person to file a petition under division (B)(2) of this section. A person who files such a petition is the prospective transferee. The form shall specify that the prospective transferee may provide the prospective transferee's social security number on the petition to assist with the completion of the background checks and shall provide a space on which the number may be provided, shall require that the prospective transferee provide to the sheriff with the form a set of fingerprints in the manner described in division (C)(4) of this section, and shall require that the prospective transferee provide all of the following on the form:

(a) The name, current state of residence, current county of residence, gender, race, and date of birth of the prospective transferee;

(b) A telephone number or, at the option of the prospective transferee, an email address at which the prospective transferee may be contacted;

(c) Any other information specified by the department that is necessary for the department to conduct background checks under section 5502.71 of the Revised Code.

(2) The department of public safety shall not require a prospective transferee to provide any information with respect to a petition filed under division (B)(2) of this section that is in addition to the information needed to conduct the background checks under section 5502.71 of the Revised Code and issue a seller's protection certificate.

(3) A petition filed under division (B)(2) of this section shall not identify or list any firearm that might be the subject of any transfer to the prospective transferee, and a person who files a petition under division (B)(2) of this section shall not be required to identify or list on the petition, or otherwise identify or list with respect to the petition, any firearm that might be the subject of a transfer to the prospective transferee.

(4) A prospective transferee who files a petition under division (B)(2) of this section shall provide to the sheriff with the form a set of fingerprints, in the manner specified in this division. To obtain the fingerprints for purposes of this division, the sheriff shall obtain the fingerprints of at least four fingers of the prospective transferee by using an electronic fingerprint reading device or, if the sheriff does not possess and does not have ready access to the use of an electronic fingerprint reading device, shall obtain from the prospective transferee a completed standard fingerprint impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code. The fingerprints so obtained shall be used for the purposes of divisions (D) to (H) of this section. The sheriff shall not retain the prospective transferee's fingerprints as part of the petition or after complying with division (D) of this section.

(D)(1) Upon receipt of a petition filed under division (B)(2) of this section that contains the information specified in division (C) of this section, the sheriff shall immediately verify the identity of the prospective transferee by examining a valid identification document of the prospective transferee containing a photograph of that prospective transferee and, if necessary, by verifying the fingerprints submitted by the prospective transferee.

(2) Upon verifying the identity of the prospective transferee under division (D)(1) of this section and the payment of a fee authorized under division (B)(3) of this section, if a fee is charged, the sheriff immediately shall contact the department of public safety and request the department to conduct background checks of the prospective transferee under section 5502.71 of the Revised Code. The sheriff shall provide the department with the fingerprints of the prospective transferee, with all of the information about the prospective transferee that is included on the request, and with confirmation of the verification of the identity of the prospective transferee.

(E) Upon receipt of a request from a sheriff under division (D) of this section, the department of public safety shall immediately conduct background checks of the prospective transferee pursuant to section 5502.71 of the Revised Code and, upon completion of the checks, shall immediately report the results of the background checks to the requesting sheriff. If the results indicate that the prospective transferee is prohibited from acquiring, possessing, receiving, or using a firearm under section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), the department shall not issue a seller's protection certificate for the prospective transferee and shall immediately notify the sheriff who requested the checks that it will not be issuing a certificate. If the results indicate that the prospective transferee is not prohibited from acquiring, possessing, receiving, or using a firearm under section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), the department shall immediately issue to the sheriff who requested the background check a seller's protection certificate for the prospective transferee.

If, after conducting the background checks, the department is unable to immediately determine whether the prospective transferee is prohibited from acquiring, possessing, receiving, or using a firearm under section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), the department shall immediately notify the sheriff who requested the checks of the delayed status and shall not issue a seller's protection certificate until the delayed background checks are complete. If after the delayed background checks are complete, the results of the checks indicate that the prospective transferee is not prohibited from acquiring, possessing, receiving, or using a firearm pursuant to section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), the department shall issue to the sheriff who requested the checks a seller's protection certificate for the prospective transferee. If after the delayed background checks are complete, the results of the checks indicate that the prospective transferee is prohibited from acquiring, possessing, receiving, or using a firearm pursuant to section 2923.13 of the Revised Code, 18 U.S.C 922(g), or 18 U.S.C. 922(n), the department shall notify the sheriff who requested the background check that it will not be issuing a seller's protection certificate.

Upon receipt of the seller's protection certificate or a notification of denial of a seller's protection certificate as the result of initial background checks or delayed background checks, the sheriff shall do whichever of the following is applicable:

(1) Contact the prospective transferee and transmit the certificate to the prospective transferee, either electronically, in person, or by mail, at the option of the prospective transferee;

(2) Notify the prospective transferee of the denial of the seller's protection certificate.

(F) A petition filed under division (B)(2) of this section, all information related to such a petition, and the results of subsequent background checks and the fact of the issuance of a seller's protection certificate, if applicable, are not public records under section 149.43 of the Revised Code and are not subject to inspection or copying under that section. A petition filed under division (B)(2) of this section, all information related to such a petition, and the results of subsequent background checks and the fact of the issuance of a seller's protection certificate, if applicable, are confidential and shall not be divulged to any person other than for purposes of conducting the background checks as required by this section and section 5502.71 of the Revised Code or for purposes of verifying that background checks were conducted under this section and section 5502.71 of the Revised Code.

(G) Nothing in this section requires that, before a person may transfer a firearm to another person, the person being transferred the firearm must file a petition with a sheriff under division (B)(2) of this section requesting the sheriff to contact the department of public safety and request the department to conduct background checks, as described in division (D) of this section.

If a person who is not a federally licensed firearms dealer wishes to transfer a firearm to another person who is not a federally licensed firearms dealer and the person who will be transferring the firearm requests the person being transferred the firearm to provide proof of the nature specified in division (B)(1) of this section, the person being transferred the firearm may not be transferred that firearm until after providing such proof.

(H) If the department of public safety denies the issuance of a seller's protection certificate under this section and section 5502.71 of the Revised Code, and if the subject prospective transferee believes the denial was based on incorrect information received or used by the department in conducting the background checks that were the basis of the denial, the prospective transferee may challenge the background check results by using the challenge and review procedure of the department of public safety established pursuant to division (G)(2) of section 5502.71 of the Revised Code.

(I) The fact that the department of public safety issues a seller's protection certificate for a person is not admissible in a future prosecution of the person for a violation of section 2923.13 of the Revised Code.

Sec. 2151.34. (A) As used in this section:

(1) "Court" means the juvenile division of the court of common pleas of the county in which the person to be protected by the protection order resides.

(2) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.

(3) "Family or household member" has the same meaning as in section 3113.31 of the Revised Code.

(4) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.

(5) "Petitioner" means a person who files a petition under this section and includes a person on whose behalf a petition under this section is filed.

(6) "Respondent" means a person who is under eighteen years of age and against whom a petition is filed under this section.

(7) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(8) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.

(9) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(B) The court has jurisdiction over all proceedings under this section.

(C)(1) Any of the following persons may seek relief under this section by filing a petition with the court:

(a) Any person on behalf of that person;

(b) Any parent or adult family or household member on behalf of any other family or household member;

(c) Any person who is determined by the court in its discretion as an appropriate person to seek relief under this section on behalf of any child.

(2) The petition shall contain or state all of the following:

(a) An allegation that the respondent engaged in a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, committed a sexually oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent to any of those offenses against the person to be protected by the protection order, including a description of the nature and extent of the violation;

(b) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;

(3) The court in its discretion may determine whether or not to give notice that a petition has been filed under division (C)(1) of this section on behalf of a child to any of the following:

(a) A parent of the child if the petition was filed by any person other than a parent of the child;

(b) Any person who is determined by the court to be an appropriate person to receive notice of the filing of the petition.

(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the next day after the court is in session after the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected by the protection order constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a sexually oriented offense, or a violation of any municipal ordinance that is substantially equivalent to any of those offenses against the person to be protected by the protection order.

(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E) of this section, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court also shall give notice of the full hearing to the parent, guardian, or legal custodian of the respondent. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:

(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain counsel.

(iv) The continuance is needed for other good cause.

(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.

(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.

(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the protection order. The court may include within a protection order issued under this section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the person to be protected by the order, and may include within the order a term authorizing the person to be protected by the order to remove a companion animal owned by the person to be protected by the order from the possession of the respondent.

(b) After a full hearing, if the court considering a petition that includes an allegation of the type described in division (C)(2)(b) of this section or the court, upon its own motion, finds upon clear and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any time preceding the filing of the petition endangered the health, welfare, or safety of the person to be protected and that the respondent presents a continuing danger to the person to be protected and if division (N) of this section does not prohibit the issuance of an order that the respondent be electronically monitored, the court may order that the respondent be electronically monitored for a period of time and under the terms and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to any other relief granted to the petitioner.

(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than the date the respondent attains nineteen years of age.

(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued.

(3) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1) of this section unless all of the following apply:

(a) The respondent files a separate petition for a protection order in accordance with this section.

(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.

(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.

(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a sexually oriented offense, or a violation of any municipal ordinance that is substantially equivalent to any of those offenses against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, or has violated a protection order issued pursuant to this section or section 2903.213 of the Revised Code relative to the person to be protected by the protection order issued pursuant to division (E)(3) of this section.

(4) No protection order issued pursuant to this section shall in any manner affect title to any real property.

(5)(a) A protection order issued under this section shall clearly state that the person to be protected by the order cannot waive or nullify by invitation or consent any requirement in the order.

(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that a respondent alleged to have violated section 2919.27 of the Revised Code, violated a municipal ordinance substantially equivalent to that section, or committed contempt of court, which allegation is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.

(6) Any protection order issued pursuant to this section shall include a provision that the court will automatically seal all of the records of the proceeding in which the order is issued on the date the respondent attains the age of nineteen years unless the petitioner provides the court with evidence that the respondent has not complied with all of the terms of the protection order. The protection order shall specify the date when the respondent attains the age of nineteen years.

(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under this section to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order. If the protection order will be valid subsequent to the date on which the respondent attains eighteen years of age, the order shall be transmitted by the clerk of the court to the appropriate law enforcement agency for entry into the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation. The court shall direct that a copy of the order be delivered to the respondent and the parent, guardian, or legal custodian of the respondent on the same day that the order is entered. If the court terminates or cancels the order, the clerk of the court shall cause the delivery of notice of the termination or cancellation to the same persons and entities that were delivered a copy of the order and the court shall issue the removal order described in this division to the appropriate law enforcement agency.

The court shall file with the clerk of the court each protection order issued pursuant to this section that will be valid subsequent to the date on which the respondent attains eighteen years of age and the clerk shall transmit the order to the appropriate law enforcement agency to be entered into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, by the close of the next business day after the day on which the court issues the order. Upon the termination or cancellation of the order, the court shall order the appropriate law enforcement agency to remove the order from the LEADS database by the close of the next business day after the day on which the termination or cancellation of the order occurred and shall ensure that the order is terminated, cleared, or canceled in the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation.

(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:

"NOTICE

As a result of this order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time that it received the order.

(4) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section by any court in this state in accordance with the provisions of the order, including removing the respondent from the premises, if appropriate.

(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that a protection order may be obtained under this section with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order, or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies or any other available remedies under Chapter 2151. or 2152. of the Revised Code.

(2) If as provided in division (G)(1) of this section an order issued under this section, other than an ex parte order, refuses to grant a protection order, the court, on its own motion, shall order that the ex parte order issued under this section and all of the records pertaining to that ex parte order be sealed after either of the following occurs:

(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.

(b) All appellate rights have been exhausted.

(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law.

(I) Any law enforcement agency that investigates an alleged violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, an alleged commission of a sexually oriented offense, or an alleged violation of a municipal ordinance that is substantially equivalent to any of those offenses shall provide information to the victim and the family or household members of the victim regarding the relief available under this section.

(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, the court may assess costs against the respondent in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.

(K)(1) A person who violates a protection order issued under this section is subject to the following sanctions:

(a) A delinquent child proceeding or a criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for violation of a protection order issued under this section does not bar criminal prosecution of the person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that section, and a person convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.

(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.

(M)(1) A petitioner who obtains a protection order under this section may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county pursuant to division (M)(2) of this section and filing a copy of the registered order with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.

(2) A petitioner may register a protection order issued pursuant to this section in a county other than the county in which the court that issued the order is located in the following manner:

(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered.

(b) Upon accepting the certified copy of the order for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order and give the petitioner a copy of the order that bears that proof of registration.

(3) The clerk of each court of common pleas, municipal court, or county court shall maintain a registry of certified copies of protection orders that have been issued by courts in other counties pursuant to this section and that have been registered with the clerk.

(N) If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under section 2903.214 of the Revised Code, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount paid from the reparations fund created pursuant to section 2743.191 of the Revised Code for electronic monitoring under this section and sections 2903.214 and 2919.27 of the Revised Code shall not exceed three hundred thousand dollars per year. When the total amount paid from the reparations fund in any year for electronic monitoring under those sections equals or exceeds three hundred thousand dollars, the court shall not order pursuant to this section that an indigent respondent be electronically monitored.

(O) The court, in its discretion, may determine if the respondent is entitled to court-appointed counsel in a proceeding under this section.

Sec. 2307.68. (A) As used in this section:

(1) "Co-signer of the person who committed the offense" means the person who was the co-signer of the person who committed the offense, as described in division (A)(2)(c) of section 2923.21 of the Revised Code, with respect to the purchase by the person who committed the offense of the restricted-access firearm used in, or brandished during, the commission of the offense.

(2) "Restricted-access firearm" has the same meaning as in section 2923.21 of the Revised Code.

(B) If a person who is eighteen years of age or older and under twenty-one years of age is sold a restricted-access firearm and the person, while under twenty-one years of age, commits any felony offense and uses that firearm in the commission of the offense or brandishes that firearm during the commission of the offense, anyone who suffers injury in person or property that was proximately caused by, or during, the conduct constituting the offense has, and may recover full compensatory damages in, a civil action against the person who was the co-signer of the person who committed the offense with respect to the restricted-access firearm.

An action authorized under this division is separate from, and in addition to, any action under section 2307.60 of the Revised Code or as otherwise authorized by law.

(C) In an action under division (B) of this section, a person may obtain and use as evidence a relevant potential liability form in the possession of the department of public safety under section 5502.73 of the Revised Code.

Sec. 2903.213. (A) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, upon the filing of a complaint that alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of a municipal ordinance substantially similar to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or the commission of a sexually oriented offense, the complainant, the alleged victim, or a family or household member of an alleged victim may file a motion that requests the issuance of a protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant, the alleged victim, or the family or household member may file a motion for a temporary protection order pursuant to section 2919.26 of the Revised Code.

(B) A motion for a protection order under this section shall be prepared on a form that is provided by the clerk of the court, and the form shall be substantially as follows:

"Motion for Protection Order

______________________________

Name and address of court

State of Ohio

v. No. __________

_____________________________

Name of Defendant

(Name of person), moves the court to issue a protection order containing terms designed to ensure the safety and protection of the complainant or the alleged victim in the above-captioned case, in relation to the named defendant, pursuant to its authority to issue a protection order under section 2903.213 of the Revised Code.

A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of a municipal ordinance substantially similar to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or the commission of a sexually oriented offense.

I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the attached complaint.

____________________________________

Signature of person

_____________________________________

Address of person"

(C)(1) As soon as possible after the filing of a motion that requests the issuance of a protection order under this section, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a protection order under this section, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the alleged victim, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim. The court may include within a protection order issued under this section a term requiring that the alleged offender not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the complainant or the alleged victim, and may include within the order a term authorizing the complainant or the alleged victim to remove a companion animal owned by the complainant or the alleged victim from the possession of the alleged offender.

(2)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, the alleged victim, or a family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, the alleged victim, or a family or household member.

(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.

(D)(1) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, upon the filing of a complaint that alleges a violation specified in division (A) of this section, the court, upon its own motion, may issue a protection order under this section as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender.

(2) If the court issues a protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order but not later than the next day that the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.

(3) If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.

(E) A protection order that is issued as a pretrial condition of release under this section:

(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;

(2) Is effective only until the disposition, by the court that issued the order or, in the circumstances described in division (D)(3) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the complaint filed under this section;

(3) Shall not be construed as a finding that the alleged offender committed the alleged offense and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.

(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a protection order under this section.

(G)(1) A copy of a protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The protection order shall be transmitted by the clerk of the court to the appropriate law enforcement agency for entry into the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(3) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over. If the court that issued the order, or the court of common pleas if the defendant is bound over to that court for prosecution, terminates or cancels the order, the clerk of the court shall cause the delivery of notice of the termination or cancellation to the same persons and entities that were delivered a copy of the order and the court shall issue the removal order described in this division to the appropriate law enforcement agency.

The court that issued the order shall file with the clerk of the court each protection order issued pursuant to this section and the clerk shall transmit the order to the appropriate law enforcement agency to be entered into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, by the close of the next business day after the day on which the court issues the order. Upon the termination or cancellation of the order, the court that issued the order, or the court of common pleas if the defendant is bound over to that court for prosecution, shall order the appropriate law enforcement agency to remove the order from the LEADS database by the close of the next business day after the day on which the termination or cancellation of the order occurred and shall ensure that the order is terminated, cleared, or canceled in the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation.

(2) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time of the agency's receipt of the order.

(3) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section in accordance with the provisions of the order.

(H) Upon a violation of a protection order issued pursuant to this section, the court may issue another protection order under this section, as a pretrial condition of release, that modifies the terms of the order that was violated.

(I)(1) Subject to division (I)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge the movant any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining certified copies of a protection order or consent agreement.

(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, if the defendant is convicted the court may assess costs against the defendant in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.

(J) As used in this section:

(1) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

Sec. 2903.214. (A) As used in this section:

(1) "Court" means the court of common pleas of the county in which the person to be protected by the protection order resides.

(2) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.

(3) "Family or household member" has the same meaning as in section 3113.31 of the Revised Code.

(4) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.

(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(6) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.

(7) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(B) The court has jurisdiction over all proceedings under this section.

(C) A person may seek relief under this section for the person, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state all of the following:

(1) An allegation that the respondent is eighteen years of age or older and engaged in a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order or committed a sexually oriented offense against the person to be protected by the protection order, including a description of the nature and extent of the violation;

(2) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;

(3) A request for relief under this section.

(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the next day that the court is in session after the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected by the protection order constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to a violation of section 2903.211 of the Revised Code or a sexually oriented offense against the person to be protected by the protection order.

(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E) of this section, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:

(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain counsel.

(iv) The continuance is needed for other good cause.

(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the protection order, including, but not limited to, a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member. If the court includes a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member in the order, it also shall include in the order provisions of the type described in division (E)(5) of this section. The court may include within a protection order issued under this section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the person to be protected by the order, and may include within the order a term authorizing the person to be protected by the order to remove a companion animal owned by the person to be protected by the order from the possession of the respondent.

(b) After a full hearing, if the court considering a petition that includes an allegation of the type described in division (C)(2) of this section, or the court upon its own motion, finds upon clear and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any time preceding the filing of the petition endangered the health, welfare, or safety of the person to be protected and that the respondent presents a continuing danger to the person to be protected, the court may order that the respondent be electronically monitored for a period of time and under the terms and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to any other relief granted to the petitioner.

(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than five years from the date of its issuance.

(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued.

(a) The respondent files a separate petition for a protection order in accordance with this section.

(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, has committed a sexually oriented offense against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, or has violated a protection order issued pursuant to section 2903.213 of the Revised Code relative to the person to be protected by the protection order issued pursuant to division (E)(3) of this section.

(4) No protection order issued pursuant to this section shall in any manner affect title to any real property.

(5)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the petitioner or family or household member.

(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.

(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under this section to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order. The protection order shall be transmitted by the clerk of the court to the appropriate law enforcement agency for entry into the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation. The court shall direct that a copy of the order be delivered to the respondent on the same day that the order is entered. If the court terminates or cancels the order, the clerk of the court shall cause the delivery of notice of the termination or cancellation to the same persons and entities that were delivered a copy of the order and the court shall issue the removal order described in this division to the appropriate law enforcement agency.

The court shall file with the clerk of the court each protection order issued pursuant to this section and the clerk shall transmit the order to the appropriate law enforcement agency to be entered into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, by the close of the next business day after the day on which the court issues the order. Upon the termination or cancellation of the order, the court shall order the appropriate law enforcement agency to remove the order from the LEADS database by the close of the next business day after the day on which the termination or cancellation of the order occurred and shall ensure that the order is terminated, cleared, or canceled in the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation.

(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:

"NOTICE

(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.

(b) All appellate rights have been exhausted.

(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law.

(I) Any law enforcement agency that investigates an alleged violation of section 2903.211 of the Revised Code or an alleged commission of a sexually oriented offense shall provide information to the victim and the family or household members of the victim regarding the relief available under this section and section 2903.213 of the Revised Code.

(K)(1) A person who violates a protection order issued under this section is subject to the following sanctions:

(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for violation of a protection order issued under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.

(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.

(M)(1) A petitioner who obtains a protection order under this section or a protection order under section 2903.213 of the Revised Code may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county pursuant to division (M)(2) of this section and filing a copy of the registered order with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.

(2) A petitioner may register a protection order issued pursuant to this section or section 2903.213 of the Revised Code in a county other than the county in which the court that issued the order is located in the following manner:

(N)(1) If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under division (N)(2) of this section, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the installation and monitoring of electronic monitoring devices paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three hundred thousand dollars per year.

(2) The attorney general may promulgate rules pursuant to section 111.15 of the Revised Code to govern payments made from the reparations fund pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code. The rules may include reasonable limits on the total cost paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code per respondent, the amount of the three hundred thousand dollars allocated to each county, and how invoices may be submitted by a county, court, or other entity.

Sec. 2919.26. (A)(1) Upon the filing of a complaint that alleges a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time of the violation, a violation of a municipal ordinance that is substantially similar to any of those sections if the alleged victim of the violation was a family or household member at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the complainant, the alleged victim, or a family or household member of an alleged victim may file, or, if in an emergency the alleged victim is unable to file, a person who made an arrest for the alleged violation or offense under section 2935.03 of the Revised Code may file on behalf of the alleged victim, a motion that requests the issuance of a temporary protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint.

(2) For purposes of section 2930.09 of the Revised Code, all stages of a proceeding arising out of a complaint alleging the commission of a violation, offense of violence, or sexually oriented offense described in division (A)(1) of this section, including all proceedings on a motion for a temporary protection order, are critical stages of the case, and a victim may be accompanied by a victim advocate or another person to provide support to the victim as provided in that section.

(B) The motion shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:

"MOTION FOR TEMPORARY PROTECTION ORDER

__________________________ Court

Name and address of court

State of Ohio

v.No. ____

_________________________

Name of Defendant

(name of person), moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant, alleged victim, and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under section 2919.26 of the Revised Code.

A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with __________________________ (name of the specified violation, the offense of violence, or sexually oriented offense charged) in circumstances in which the victim was a family or household member in violation of (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged), or charging the named defendant with a violation of a municipal ordinance that is substantially similar to ________________________ (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged) involving a family or household member.

I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under section 3113.31 of the Revised Code.

__________________________________________

Signature of person

(or signature of the arresting officer who filed the motion on behalf of the alleged victim)

__________________________________________

Address of person (or office address of the arresting officer who filed the motion on behalf of the alleged victim)"

(C)(1) As soon as possible after the filing of a motion that requests the issuance of a temporary protection order, but not later than twenty-four hours after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the person who requested the order is unable to appear and if the court finds that the failure to appear is because of the person's hospitalization or medical condition resulting from the offense alleged in the complaint, another person who is able to provide the court with the information it requests may appear in lieu of the person who requested the order. If the court finds that the safety and protection of the complainant, alleged victim, or any other family or household member of the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a temporary protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, alleged victim, or the family or household member, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, alleged victim, or the family or household member. The court may include within a protection order issued under this section a term requiring that the alleged offender not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the complainant, alleged victim, or any other family or household member of the alleged victim, and may include within the order a term authorizing the complainant, alleged victim, or other family or household member of the alleged victim to remove a companion animal owned by the complainant, alleged victim, or other family or household member from the possession of the alleged offender.

(2)(a) If the court issues a temporary protection order that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, the alleged victim, or the family or household member, the order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, alleged victim, or family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, alleged victim, or family or household member.

(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under this section, did not commit the violation or was not in contempt of court.

(D)(1) Upon the filing of a complaint that alleges a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time of the violation, a violation of a municipal ordinance that is substantially similar to any of those sections if the alleged victim of the violation was a family or household member at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the court, upon its own motion, may issue a temporary protection order as a pretrial condition of release if it finds that the safety and protection of the complainant, alleged victim, or other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender.

(2) If the court issues a temporary protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the alleged offender not later than the next day on which the court is scheduled to conduct business after the day on which the alleged offender was arrested or at the time of the appearance of the alleged offender pursuant to summons to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.

(3) An order issued under this section shall contain only those terms authorized in orders issued under division (C) of this section.

(4) If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.

(E) A temporary protection order that is issued as a pretrial condition of release under this section:

(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;

(2) Is effective only until the occurrence of either of the following:

(a) The disposition, by the court that issued the order or, in the circumstances described in division (D)(4) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based;

(b) The issuance of a protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint upon which the order is based, under section 3113.31 of the Revised Code.

(3) Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.

(G)(1) A copy of any temporary protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The protection order shall be transmitted by the clerk of the court to the appropriate law enforcement agency for entry into the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(4) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over. If the court that issued the order, or the court of common pleas if the defendant is bound over to that court for prosecution, terminates or cancels the order, the clerk of the court shall cause the delivery of notice of the termination or cancellation to the same persons and entities that were issued or delivered a copy of the order and the court shall issue the removal order described in this division to the appropriate law enforcement agency.

(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:

"NOTICE

As a result of this protection order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.

(4) A complainant, alleged victim, or other person who obtains a temporary protection order under this section may provide notice of the issuance of the temporary protection order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county in accordance with division (N) of section 3113.31 of the Revised Code and filing a copy of the registered protection order with a law enforcement agency in the other county in accordance with that division.

(5) Any officer of a law enforcement agency shall enforce a temporary protection order issued by any court in this state in accordance with the provisions of the order, including removing the defendant from the premises, regardless of whether the order is registered in the county in which the officer's agency has jurisdiction as authorized by division (G)(4) of this section.

(H) Upon a violation of a temporary protection order, the court may issue another temporary protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.

(I)(1) As used in divisions (I)(1) and (2) of this section, "defendant" means a person who is alleged in a complaint to have committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section.

(2) If a complaint is filed that alleges that a person committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section, the court may not issue a temporary protection order under this section that requires the complainant, the alleged victim, or another family or household member of the defendant to do or refrain from doing an act that the court may require the defendant to do or refrain from doing under a temporary protection order unless both of the following apply:

(a) The defendant has filed a separate complaint that alleges that the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act committed a violation or offense of violence of the type described in division (A) of this section.

(b) The court determines that both the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act and the defendant acted primarily as aggressors, that neither the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the standards and criteria of this section as applied in relation to the separate complaint filed by the defendant, that it should issue the order to require the complainant, alleged victim, or other family or household member in question to do or refrain from doing the act.

(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge the movant any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.

(K) As used in this section:

(1) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(2) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(3) "Victim advocate" means a person who provides support and assistance for a victim of an offense during court proceedings.

Sec. 2923.133. (A)(1)(a) If a court finds or adjudicates, on or after the effective date of this section, that any firearms disabling condition or circumstance set forth in division (A)(5) of section 2923.13 of the Revised Code applies to a respondent, and if a prosecuting attorney knows or has reason to believe that the respondent has engaged in or threatened to engage in violent conduct toward self or others, the prosecuting attorney may file a request with the court requesting the issuance of a safety protection order with respect to the respondent under this section.

(b) If a prosecuting attorney has filed a request under division (A)(1)(a) of this section, and if the court finds that a firearms disabling condition or circumstance set forth in division (A)(5) of section 2923.13 of the Revised Code applies to the respondent and that the respondent has engaged in or threatened to engage in violent conduct toward self or others and also finds probable cause that the respondent would have access to or possession of firearms or dangerous ordnance if the respondent is released from detention or treatment or is not ordered into detention or treatment and that there is probable cause to believe that the respondent owns, possesses, or controls firearms or dangerous ordnance located at the respondent's place of residence or premises appurtenant to that place of residence, the court may issue a safety protection order, which shall conform to the provisions of this division, to any law enforcement officer serving the primary law enforcement agency with jurisdiction over the respondent's place of residence.

A safety protection order issued under this division shall authorize the officer to whom it is issued to search for and retrieve all firearms and dangerous ordnance owned by, possessed by, or in the control of the respondent, including searching for such firearms and dangerous ordnance at the respondent's place of residence and premises appurtenant to that place of residence and retrieving those firearms and dangerous ordnance. A safety protection order so issued has the same force and effect as, and shall be considered as being, a search warrant authorizing the search of the specified residence and appurtenant premises for such firearms and dangerous ordnance. The safety protection order shall specify that if the respondent is in detention or treatment, the respondent will not be released from detention or treatment until the expiration of twelve hours after the issuance of the safety protection order to the officer and that the law enforcement officer shall serve the order within that twelve-hour period. The court that issues a safety protection order under this division shall provide a copy of the order to the respondent.

(2) If a respondent was taken into custody under section 5122.10 of the Revised Code and an affidavit is filed under section 5122.11 of the Revised Code alleging that the respondent is a mentally ill person subject to court order and if the criteria specified in division (A)(1)(a) of this section for the filing of a request for the issuance of a safety protection order with respect to the respondent are satisfied, the prosecuting attorney may file a request for the issuance of a safety protection order as authorized under division (A)(1) of this section. A request of a prosecuting attorney for such an order in the specified circumstances shall be made as soon as possible after, but not later than the end of the next court day after, the filing of the affidavit under section 5122.11 of the Revised Code.

(B) A law enforcement officer who serves a safety protection order issued under division (A) of this section, not later than three business days after the order was served, shall file a return with the court that states that the order was served and that sets forth the time and date on which the order was served, the name and address of the respondent named in the order, and the serial number, make, and model, or any other relevant description including clear photographs, of each firearm and each dangerous ordnance retrieved by the law enforcement officer. A copy of this inventory also shall be left at the location from which the firearms and dangerous ordnance were retrieved. If no firearms or dangerous ordnance were found, the law enforcement officer who served the order shall report in the return that a search was conducted and that no firearms or dangerous ordnance were found. Nothing in this section shall prevent the destruction of dangerous ordnance that cannot be safely or practically removed or stored.

(C) A law enforcement agency that has taken possession of a respondent's firearms pursuant to this section shall not indelibly mark, damage, deface, or destroy the firearms while they are in the agency's possession. The use of property tags or stickers is permitted. The agency shall maintain the integrity and identity of the firearms in such a manner that, if the firearms are to be returned to the respondent, they can be identified and returned to the respondent in a condition similar to the condition they were in when they were retrieved. The agency shall not relinquish control of the firearms other than pursuant to a sale as specified in division (D) of this section, pursuant to an inspection for potential sale as specified in that division, pursuant to a return to a lawful owner other than the respondent as specified in divisions (E) and (F) of this section, or pursuant to a court order, including a subpoena.

(D) A respondent who is subject to a safety protection order issued under this section and a firearms retrieval made under this section and whose firearms are in the possession of a law enforcement agency may sell to a federally licensed firearms dealer one or more of those firearms that lawfully may be sold. If the respondent under authority of this division sells to a federally licensed firearms dealer one or more of those firearms that lawfully may be sold, the respondent and the dealer shall provide to the court that issued the order valid evidence of the sale of each such firearm so sold and, upon presentation of the valid evidence, the court shall order the law enforcement agency in possession of the firearms to transfer to the dealer each such firearm so sold. Upon receipt of the order, the law enforcement agency shall transfer to the dealer each such firearm so sold. The court shall not order the transfer of any firearm to a dealer under this division unless the respondent and the dealer provide to the court valid evidence of the sale to the dealer of the firearm.

(E) A respondent who is subject to a safety protection order issued under this section and a firearms retrieval made under this section and whose firearms are in the possession of a law enforcement agency may petition the court that issued the order to authorize the respondent to transfer to a family member who lawfully may possess firearms and who does not reside with the respondent one or more of those firearms. If the court authorizes the respondent to make such a transfer and the respondent under that authority transfers one or more of the firearms to a family member who lawfully may possess a firearm, the family member shall provide the court with proof that the family member may lawfully possess a firearm. Upon proof that the family member may lawfully possess firearms, the court shall order the law enforcement agency that currently possesses the firearms to transfer to the family member the firearm or firearms authorized for transfer by the court. Upon receipt of the order, the law enforcement agency shall transfer to the family member the firearm or firearms authorized for transfer by the court. A family member who is to be transferred any firearm under this division shall attest in writing, under penalty of law, at the time the request for transfer is made, that if the firearm is transferred to that family member, the firearm will not be given, transferred, sold, or provided to the respondent unless, prior to the giving, transfer, sale, or provision, the respondent has been relieved, in any of the following manners, from all firearms disabilities that applied at any time to the respondent:

(1) With respect to any firearms disability, the respondent was relieved of the disability pursuant to section 2923.14 of the Revised Code or otherwise was relieved from disability under operation of law or legal process.

(2) With respect to a firearms disabling condition or circumstance set forth in division (A)(2) or (3) of section 2923.13 of the Revised Code, the indictment that was the basis of the disability has been dismissed or the conviction or guilty plea that was the basis of the disability has been reversed on appeal.

(3) With respect to any firearms disability under the law of this state or the United States, including under any prohibition against possession of a firearm, any other condition has occurred under the law of this state or the United States that results in the respondent no longer being subject to that disability.

(F) If a person other than the respondent claims title to any firearm retrieved by a law enforcement officer pursuant to a safety protection order issued under division (A) of this section, the person may petition the court that issued the order for return of the firearm. If the person requests the return of the firearm, and if the person is determined by the court to be the lawful owner of the firearm, the court shall order the law enforcement agency that currently possesses the firearm to release the firearm to that person. Upon receipt of the order, the law enforcement agency shall release the specified firearm to the specified person. A person seeking the return of a firearm under this division shall attest in writing, under penalty of law, at the time of making the request for return, that if the firearm is returned to that person, the firearm will not be given, transferred, sold, or provided to the respondent unless, prior to the giving, transfer, sale, or provision, the respondent has been relieved, in any manner specified in division (E)(1), (2), or (3) of this section, from all firearms disabilities that applied at any time to the respondent.

(G) If a respondent is subject to a safety protection order issued under this section, if firearms of the respondent are retrieved under this section, and if the respondent is relieved from all firearms disabilities that applied to the respondent, in a manner specified in division (E)(1), (2), or (3) of this section or under any provision of the Revised Code or the Ohio Constitution, the court that granted the relief from firearms disability shall issue an order to the law enforcement agency that currently possesses the firearms that requires the agency to return the firearms to the respondent. Upon receipt of the order, the law enforcement agency shall return the firearms to the respondent. If a different court issued the safety protection order, the court that issues the order under this division shall notify the court that issued the safety protection order that the order under this division has been issued and the safety protection order shall have no further force and effect.

(H) Divisions (D), (E), (F), and (G) of this section do not apply with respect to dangerous ordnance of a respondent who is subject to a safety protection order issued under this section and that are retrieved under this section.

(I) As used in this section:

(1) "Primary law enforcement agency with jurisdiction over the respondent's place of residence" means whichever of the following is applicable:

(a) If the respondent's place of residence is within a municipal corporation, the police department, or the office of the marshal, that serves that municipal corporation;

(b) If the respondent's place of residence is within the unincorporated area of a county that is served by a township constable or a township or joint township police district, the office of that constable or of that district;

(c) If the respondent's place of residence is within the unincorporated area of a county that is not served by a township constable or a township or joint township police district, the office of the sheriff of that county.

(2) "Respondent" means a person who is found by a court to be subject to a firearms disabling condition or circumstance set forth in division (A)(5) of section 2923.13 of the Revised Code or who was taken into custody under section 5122.10 of the Revised Code and who is alleged under an affidavit filed under section 5122.11 of the Revised Code to be a mentally ill person subject to court order.

Sec. 2923.20. (A) No person shall do any of the following:

(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n) from acquiring, possessing, receiving, or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring, possessing, receiving, or using any dangerous ordnance;

(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (A) of this section;

(3) Except as otherwise provided in division (B) of this section, knowingly solicit, persuade, encourage, or entice a federally licensed firearms dealer or private seller to transfer a firearm or ammunition to any person in a manner prohibited by state or federal law;

(4) Except as otherwise provided in division (B) of this section, with an intent to deceive, knowingly provide materially false information to a federally licensed firearms dealer or private seller;

(5) Except as otherwise provided in division (B) of this section, knowingly procure, solicit, persuade, encourage, or entice a person to act in violation of division (A)(3) or (4) of this section;

(6) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;

(7) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person's possession or under the person's control;

(8) Knowingly sell, lend, give, or furnish any firearm to any person if the transferor knows that the results of background checks of a type described in sections 311.51 and 5502.71 of the Revised Code found that, at the time of that transfer, the transferee is prohibited by section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n) from acquiring, possessing, receiving, or using any firearm;

(9) If the person is engaged in the business of selling firearms, knowingly sell, lend, give, or furnish any firearm to another unless the person is a federally licensed firearms dealer and the person complies with the applicable requirements of 18 U.S.C. 922.

(B) Divisions (A)(3), (4), and (5) of this section do not apply to any of the following:

(1) A law enforcement officer who is acting within the scope of the officer's duties;

(2) A person who is acting in accordance with directions given by a law enforcement officer described in division (B)(1) of this section.

(C) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3), (4), or (5), (8), or (9) of this section is a felony of the third degree. A violation of division (A)(6) of this section is a misdemeanor of the second degree. A violation of division (A)(7) of this section is a misdemeanor of the fourth degree.

(D) Division (A)(1) does not apply to a person's transfer of a firearm to another person, other than a person prohibited by section 2923.15 of the Revised Code from using any firearm, if any of the following applies with respect to the transfer:

(1) The transferor verified that an FFL criminal background check was conducted of the transferee prior to the transfer of the firearm to the transferee and the results of the background check did not indicate that, at the time of the transfer, the transferee was a person prohibited by section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n) from acquiring, possessing, receiving, or using any firearm.

(2) The transferor verified that, within the ninety days prior to the transfer of the firearm, a seller's protection certificate was issued for the transferee under sections 311.51 and 5502.71 of the Revised Code, and, prior to the transfer, the transferor reviewed the certificate and confirmed by checking an identification document of the transferee that the transferee was the person to whom the certificate applied.

(3) At the time of the transfer of the firearm to the transferee, the transferee presented the transferor with a seller's protection certificate issued for the transferee under sections 311.51 and 5502.71 of the Revised Code, the certificate was valid at the time of the transfer, and, prior to the transfer, the transferor reviewed the certificate and confirmed by checking an identification document of the transferee that the transferee was the person to whom the certificate applied.

(E) As used in this section:

(1) "Ammunition" has the same meaning as in section 2305.401 of the Revised Code.

(2) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.

(3) "Materially false information" means information regarding the transfer of a firearm or ammunition that portrays an illegal transaction as legal or a legal transaction as illegal.

(4) "Private seller" means a person who sells, offers for sale, or transfers a firearm or ammunition and who is not a federally licensed firearms dealer.

(5) A person is "engaged in the business" if either of the following applies:

(a) The person devotes time, attention, and labor to selling firearms at wholesale or retail as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, provided that a person is not "engaged in the business" under this division if the person only makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of the person's personal collection of firearms;

(b) The person devotes time, attention, and labor to the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms as a regular course of trade or business with the principal objective of livelihood and profit, provided that a person is not "engaged in the business" under this division if the person only makes occasional repairs of firearms, or occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

(6) "With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection. For purposes of this division, proof of profit is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(7) "Terrorism" means activity, directed against United States persons, to which all of the following apply:

(a) It is committed by an individual who is not a national or permanent resident alien of the United States;

(b) It involves violent acts or acts dangerous to human life that would be a criminal violation if committed within the jurisdiction of the United States;

(c) It is intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by assassination or kidnapping.

(F) As used in divisions (A)(8) and (D) of this section:

(1) "FFL criminal background check" means a background check of a transferee conducted upon request of a federally licensed firearms dealer through the national instant criminal background check system, as described in 18 U.S.C. 922(t), and that complies with the requirements of that section.

(2) "Transfer" means a person's sale, loaning, giving, or furnishing of a firearm to another person.

(3) "Transferee" means a person to whom a firearm is transferred by another person.

(4) "Transferor" means a person who transfers a firearm to another person.

(5) "Identification document" has the same meaning as in section 311.51 of the Revised Code.

Sec. 2923.21. (A) No person shall do any of the following:

(1) Sell any firearm to a person who is under eighteen years of age;

(2) Subject to division (B) of this section, knowingly sell any firearm to a person who is eighteen years of age or older and under twenty-one years of age if any one or more of the following applies:

(a) Division (A)(9) of section 2923.20 of the Revised Code applies to the seller, and the seller sells the firearm to the person who is eighteen years of age or older and under twenty-one years of age before seventy-two hours has expired from the time the seller receives the results of the background check conducted under the requirements of 18 U.S.C. 922;

(b) The criteria specified in division (D)(1) of section 2923.20 of the Revised Code are satisfied with respect to the sale, and the seller sells the firearm to the person who is eighteen years of age or older and under twenty-one years of age before seventy-two hours has expired from the time those criteria are satisfied;

(c) The department of public safety has prescribed the potential liability form required under section 5502.73 of the Revised Code, the department has published printable copies of the form on the department's web site as required under that section, and the firearm is a restricted access firearm, unless both of the following apply:

(i) At the time of the sale, the person who is eighteen years of age or older and under twenty-one years of age is accompanied by a co-signer who is twenty-five years of age or older;

(ii) The co-signer who is twenty-five years of age or older signs and dates a copy of the potential liability form prescribed by the department of public safety, and the person who is eighteen years of age or older and under twenty-one years of age also signs and dates the form. The seller shall send the signed and dated form to the department to be kept by the department as described in section 5502.73 of the Revised Code.

(3) Subject to division (B) of this section, sell any handgun to a person who is under twenty-one years of age;

~~(3)~~(4) Furnish any firearm to a person who is under eighteen years of age or, subject to division (B) of this section, furnish any handgun to a person who is under twenty-one years of age or furnish any restricted-access firearm to a person who is eighteen years of age or older and under twenty-one years of age, except for lawful hunting, sporting, or educational purposes, including, but not limited to, instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult;

~~(4)~~(5) Sell or furnish a firearm to a person who is eighteen years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or for the purpose of furnishing the firearm in violation of division ~~(A)(3)~~ (A)(4) of this section to a person who is under eighteen years of age;

~~(5)~~(6) Sell or furnish a firearm to a person who is twenty-one years of age or older, if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm for the purpose of selling the firearm in violation of division (A)(2) of this section to a person who is eighteen years of age or older and under twenty-one years of age or for the purpose of furnishing the firearm in violation of division (A)(4) of this section to a person who is eighteen years of age or older and under twenty-one years of age;

(7) Sell or furnish a handgun to a person who is twenty-one years of age or older if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the handgun for the purpose of selling the handgun in violation of division ~~(A)(2)~~(A)(3) of this section to a person who is under twenty-one years of age or for the purpose of furnishing the handgun in violation of division ~~(A)(3)~~(A)(4) of this section to a person who is under twenty-one years of age;

~~(6)~~(8) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(1) of this section to a person who is under eighteen years of age or with the intent to furnish the firearm in violation of division ~~(A)(3)~~(A)(4) of this section to a person who is under eighteen years of age;

~~(7)~~(9) Purchase or attempt to purchase any firearm with the intent to sell the firearm in violation of division (A)(2) of this section to a person who is eighteen years of age or older and under twenty-one years of age or with the intent to furnish the firearm in violation of division (A)(4) of this section to a person who is eighteen years of age or older and under twenty-one years of age;

(10) Purchase or attempt to purchase any handgun with the intent to sell the handgun in violation of division (A)(2) of this section to a person who is under twenty-one years of age or with the intent to furnish the handgun in violation of division ~~(A)(3)~~(A)(4) of this section to a person who is under twenty-one years of age.

(B) Divisions ~~(A)(1)~~(A)(3) and ~~(2)~~(4) of this section do not apply to the sale or furnishing of a handgun to a person, and divisions (A)(2) and (4) of this section do not apply to the sale or furnishing of a firearm to a person, in either of the following circumstances:

(1) The person is eighteen years of age or older and under twenty-one years of age if and the person ~~eighteen years of age or older and under twenty-one years of age~~ is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training~~. Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to~~;

(2) The person is an active duty member of the armed forces of the United States who has received firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.

(C) Whoever violates this section is guilty of improperly furnishing firearms to ~~a minor~~an underage person, a felony of the fifth degree.

(D) As used in this section, "restricted-access firearm" means any firearm other than one of the following:

(1) A rifle or shotgun that holds only a single round of ammunition, that must be manually reloaded after every shot, and that is not dangerous ordnance.

(2) A double-barrel shotgun that holds only a single round of ammunition in each barrel, that must have each barrel that is shot manually reloaded after it is shot, and that is not dangerous ordnance.

Sec. 2923.211. (A) No person under eighteen years of age shall purchase or attempt to purchase a firearm.

(B) No Subject to division (D) of this section, at any time after the department of public safety has prescribed the potential liability form required under section 5502.73 of the Revised Code and the department has published printable copies of the form on the department's web site, no person eighteen years of age or older and under twenty-one years of age shall knowingly purchase or attempt to purchase a restricted-access firearm unless both of the following apply:

(1) At the time of the purchase or attempted purchase, the person who is eighteen years of age or older and under twenty-one years of age is accompanied by a co-signer who is at least twenty-five years of age;

(2) The co-signer who is at least twenty-five years of age signs and dates a copy of the potential liability form developed by the department of public safety, and the seller and the person who is eighteen years of age or older and under twenty-one years of age sign and date the form. The seller shall send the signed and dated form to the department to be kept by the department as described in section 5502.73 of the Revised Code.

(C) Subject to division (D) of this section, no person under twenty-one years of age shall purchase or attempt to purchase a handgun~~, provided that this division does~~.

(D) Division (B) of this section does not apply to the purchase or attempted purchase of a restricted-access firearm by a person eighteen years of age or older and under twenty-one years of age, and division (C) of this section does not apply to the purchase or attempted purchase of a handgun by a person eighteen years of age or older and under twenty-one years of age, if either of the following ~~apply~~applies:

(1) The person is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio peace officer training council or equivalent firearms training.

(2) The person is an active or reserve member of the armed services of the United States or the Ohio national guard, or was honorably discharged from military service in the active or reserve armed services of the United States or the Ohio national guard, and the person has received firearms training from the armed services or the national guard or equivalent firearms training.

~~(C)~~(E) Whoever violates division (A) of this section is guilty of underage purchase of a firearm, a delinquent act that would be a felony of the fourth degree if it could be committed by an adult. Whoever violates division (B) or (C) of this section is guilty of underage purchase of a handgun or restricted-access firearm, a misdemeanor of the second degree.

(F) As used in this section, "restricted-access firearm" has the same meaning as in section 2923.21 of the Revised Code.

Sec. 3113.31. (A) As used in this section:

(1) "Domestic violence" means any of the following:

(a) The occurrence of one or more of the following acts against a family or household member:

(i) Attempting to cause or recklessly causing bodily injury;

(ii) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;

(iii) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;

(iv) Committing a sexually oriented offense.

(b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to (iv) of this section against a person with whom the respondent is or was in a dating relationship.

(2) "Court" means the domestic relations division of the court of common pleas in counties that have a domestic relations division and the court of common pleas in counties that do not have a domestic relations division, or the juvenile division of the court of common pleas of the county in which the person to be protected by a protection order issued or a consent agreement approved under this section resides if the respondent is less than eighteen years of age.

(3) "Family or household member" means any of the following:

(a) Any of the following who is residing with or has resided with the respondent:

(i) A spouse, a person living as a spouse, or a former spouse of the respondent;

(ii) A parent, a foster parent, or a child of the respondent, or another person related by consanguinity or affinity to the respondent;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.

(b) The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.

(4) "Person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question.

(5) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.

(6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(7) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(8) "Dating relationship" means a relationship between individuals who have, or have had, a relationship of a romantic or intimate nature. "Dating relationship" does not include a casual acquaintanceship or ordinary fraternization in a business or social context.

(9) "Person with whom the respondent is or was in a dating relationship" means an adult who, at the time of the conduct in question, is in a dating relationship with the respondent who also is an adult or who, within the twelve months preceding the conduct in question, has had a dating relationship with the respondent who also is an adult.

(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence.

(C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state:

(1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent or against a person with whom the respondent is or was in a dating relationship, including a description of the nature and extent of the domestic violence;

(2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner;

(3) If the petition is for protection of a person with whom the respondent is or was in a dating relationship, the facts upon which the court may conclude that a dating relationship existed between the person to be protected and the respondent;

(4) A request for relief under this section.

(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member or the person with whom the respondent is or was in a dating relationship from domestic violence. Immediate and present danger of domestic violence to the family or household member or to the person with whom the respondent is or was in a dating relationship constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with bodily harm, in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with a sexually oriented offense, or in which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense that constitutes domestic violence against the family or household member or person with whom the respondent is or was in a dating relationship.

(2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing for a date that is within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:

(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.

(ii) The parties consent to the continuance.

(iii) The continuance is needed to allow a party to obtain counsel.

(iv) The continuance is needed for other good cause.

(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship. The order or agreement may:

(a) Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the family or household members or persons with whom the respondent is or was in a dating relationship;

(b) With respect to a petition involving family or household members, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;

(c) With respect to a petition involving family or household members, when the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;

(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights;

(e) With respect to a petition involving family or household members, require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;

(f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;

(g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member;

(h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a petition involving family or household members, other family or household members and the apportionment of household and family personal property;

(i) Require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner;

(j) Authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent;

(k) Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the Revised Code.

(2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or, with respect to a petition involving family or household members, one or more of the family or household members or victims, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household. If it includes a prohibition against the respondent returning to the residence or household in the order, it also shall include in the order provisions of the type described in division (E)(7) of this section. This division does not preclude the court from including in a protection order or consent agreement, in circumstances other than those described in this division, a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, and, if the court includes any requirement of that type in an order or agreement, the court also shall include in the order provisions of the type described in division (E)(7) of this section.

(3)(a) Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval, or not later than the date a respondent who is less than eighteen years of age attains nineteen years of age, unless modified or terminated as provided in division (E)(8) of this section.

(b) With respect to an order involving family or household members, subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order.

(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved.

(4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:

(a) The respondent files a separate petition for a protection order in accordance with this section.

(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.

(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense.

(5) No protection order issued or consent agreement approved under this section shall in any manner affect title to any real property.

(6)(a) With respect to an order involving family or household members, if a petitioner, or the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code and is the subject of a parenting time order issued pursuant to section 3109.051 or 3109.12 of the Revised Code or a visitation or companionship order issued pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting parenting time rights to the respondent, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent's exercise of parenting time or visitation or companionship rights with respect to the child for a period not to exceed nine months, if the court makes the following findings of fact:

(i) The child is in danger from the respondent;

(ii) No other person or agency is available to provide the supervision.

(b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision, if it determines that the respondent has sufficient income or resources to pay that cost.

(7)(a) If a protection order issued or consent agreement approved under this section includes a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, the order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an invitation to the respondent from the petitioner or other family or household member to enter the residence, school, business, or place of employment or by the respondent's entry into one of those places otherwise upon the consent of the petitioner or other family or household member.

(b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued or consent agreement approved under this section, did not commit the violation or was not in contempt of court.

(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a protection order or consent agreement that was issued after a full hearing under this section. The court that issued the protection order or approved the consent agreement shall hear a motion for modification or termination of the protection order or consent agreement pursuant to division (E)(8) of this section.

(b) Either the petitioner or the respondent of the original protection order or consent agreement may bring a motion for modification or termination of a protection order or consent agreement that was issued or approved after a full hearing. The court shall require notice of the motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original protection order or consent agreement has requested that the petitioner's address be kept confidential, the court shall not disclose the address to the respondent of the original protection order or consent agreement or any other person, except as otherwise required by law. The moving party has the burden of proof to show, by a preponderance of the evidence, that modification or termination of the protection order or consent agreement is appropriate because either the protection order or consent agreement is no longer needed or because the terms of the original protection order or consent agreement are no longer appropriate.

(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:

(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;

(ii) Whether the petitioner fears the respondent;

(iii) The current nature of the relationship between the petitioner and the respondent;

(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner's and respondent's workplaces and residences and whether the petitioner and respondent have minor children together;

(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;

(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;

(vii) Whether the respondent has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense of violence since the issuance of the protection order or approval of the consent agreement;

(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;

(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;

(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;

(xi) The age and health of the respondent;

(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.

(d) If a protection order or consent agreement is modified or terminated as provided in division (E)(8) of this section, the court shall issue copies of the modified or terminated order or agreement as provided in division (F) of this section. A petitioner may also provide notice of the modification or termination to the judicial and law enforcement officials in any county other than the county in which the order or agreement is modified or terminated as provided in division (N) of this section.

(e) If the respondent moves for modification or termination of a protection order or consent agreement pursuant to this section and the court denies the motion, the court may assess costs against the respondent for the filing of the motion.

(9) Any protection order issued or any consent agreement approved pursuant to this section shall include a provision that the court will automatically seal all of the records of the proceeding in which the order is issued or agreement approved on the date the respondent attains the age of nineteen years unless the petitioner provides the court with evidence that the respondent has not complied with all of the terms of the protection order or consent agreement. The protection order or consent agreement shall specify the date when the respondent attains the age of nineteen years.

(F)(1) A copy of any protection order, or consent agreement, that is issued, approved, modified, or terminated under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The protection order or consent agreement shall be transmitted by the clerk of the court to the appropriate law enforcement agency for entry into the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered. If the court terminates or cancels the order or agreement, the clerk of the court shall cause the delivery of notice of the termination or cancellation to the same persons and entities that were issued or delivered a copy of the order or agreement and the court shall issue the removal order described in this division to the appropriate law enforcement agency.

The court shall file with the clerk of the court each protection order issued and each consent agreement approved pursuant to this section and the clerk shall transmit the order to the appropriate law enforcement agency to be entered into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, by the close of the next business day after the day on which the court issues the order or approves the agreement. Upon the termination or cancellation of the order or agreement, the court shall order the appropriate law enforcement agency to remove the order or agreement from the LEADS database by the close of the next business day after the day on which the termination or cancellation of the order or agreement occurred and shall ensure that the order or agreement is terminated, cleared, or canceled in the protection order database of the national crime information center (NCIC) maintained by the federal bureau of investigation.

(2) Upon the issuance of a protection order or the approval of a consent agreement under this section, the court shall provide the parties to the order or agreement with the following notice orally or by form:

"NOTICE

As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order or consent agreement. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."

(3) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index the date and time that it received the order or consent agreement.

(4) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate.

(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order or approves a consent agreement, that refuses to grant a protection order or approve a consent agreement that modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate a protection order or consent agreement, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.

(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.

(b) All appellate rights have been exhausted.

(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code.

(I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved, or the persons in the dating relationship who are involved, whichever is applicable regarding the relief available under this section and, for family or household members, section 2919.26 of the Revised Code.

(J)(1) Subject to divisions (E)(8)(e) and (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.

(K)(1) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.

(2) If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions:

(a) Criminal prosecution or a delinquent child proceeding for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that section, and a person convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.

(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.

(N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.

(2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner:

(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered.

(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration.

(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk.

(O) Nothing in this section prohibits the domestic relations division of a court of common pleas in counties that have a domestic relations division or a court of common pleas in counties that do not have a domestic relations division from designating a minor child as a protected party on a protection order or consent agreement.

Sec. 5122.10. (A)(1) Any of the following who has reason to believe that a person is a mentally ill person subject to court order and represents a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination may take the person into custody in a reasonable and appropriate manner and may immediately transport the person to a hospital or, notwithstanding section 5119.33 of the Revised Code, to a general hospital not licensed by the department of mental health and addiction services where the person may be held for the period prescribed in this section:

(a) A psychiatrist;

(b) A licensed physician;

(d) A clinical nurse specialist who is certified as a psychiatric-mental health CNS by the American nurses credentialing center;

(e) A certified nurse practitioner who is certified as a psychiatric-mental health NP by the American nurses credentialing center;

(f) A health officer;

(g) A parole officer;

(h) A police officer;

(i) A sheriff.

(2) If the chief of the adult parole authority or a parole or probation officer with the approval of the chief of the authority has reason to believe that a parolee, an offender under a community control sanction or post-release control sanction, or an offender under transitional control is a mentally ill person subject to court order and represents a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination, the chief or officer may take the parolee or offender into custody and may immediately transport the parolee or offender to a hospital or, notwithstanding section 5119.33 of the Revised Code, to a general hospital not licensed by the department of mental health and addiction services where the parolee or offender may be held for the period prescribed in this section.

(B) A written statement shall be given to the hospital by the individual authorized under division (A)(1) or (2) of this section to transport the person. The statement shall specify the circumstances under which such person was taken into custody and the reasons for the belief that the person is a mentally ill person subject to court order and represents a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination. This statement shall be made available to the respondent or the respondent's attorney upon request of either.

(C) ~~Every reasonable and appropriate effort shall be made to take persons into custody in the least conspicuous manner possible.~~ A person taking the respondent into custody pursuant to this section shall explain to the respondent: the name and professional designation and affiliation of the person taking the respondent into custody; that the custody-taking is not a criminal arrest; and that the person is being taken for examination by mental health professionals at a specified mental health facility identified by name.

~~(D)~~(D)(1) If a person is taken into custody under this section and the individual authorized under division (A)(1) or (2) of this section to transport the person has reason to believe that there is a substantial likelihood that the person will cause physical harm to self or others if allowed to remain at liberty pending examination, promptly upon delivery of the person to the hospital or general hospital, the individual shall notify the prosecuting attorney of the county in which the person was taken into custody of that fact.

(2) If a person taken into custody under this section is transported to a general hospital, the general hospital may admit the person, or provide care and treatment for the person, or both, notwithstanding section 5119.33 of the Revised Code, but by the end of twenty-four hours after arrival at the general hospital, the person shall be transferred to a hospital as defined in section 5122.01 of the Revised Code. The time limits for holding the person specified in division (E) of this section apply with respect to a person who is taken into custody under this section and transported to a general hospital.

(E) A person taken into custody, transported, or transferred ~~to a hospital or community mental health services provider~~ under this section shall be examined by the staff of the hospital or community mental health services provider within twenty-four hours after arrival at the hospital or services provider. If to conduct the examination requires that the person remain overnight, the hospital or services provider shall admit the person in an unclassified status until making a disposition under this section. After the examination, if the chief clinical officer of the hospital or services provider believes that the person is not a mentally ill person subject to court order, the chief clinical officer shall release or discharge the person immediately unless a court has issued a temporary order of detention applicable to the person under section 5122.11 of the Revised Code. After the examination, if the chief clinical officer believes that the person is a mentally ill person subject to court order, the chief clinical officer may detain the person for not more than three court days following the day of the ~~examination~~ arrival at the hospital or service provider and during such period admit the person as a voluntary patient under section 5122.02 of the Revised Code or file an affidavit under section 5122.11 of the Revised Code. If neither action is taken and a court has not otherwise issued a temporary order of detention applicable to the person under section 5122.11 of the Revised Code, the chief clinical officer shall discharge the person at the end of the three-day period unless the person has been sentenced to the department of rehabilitation and correction and has not been released from the person's sentence, in which case the person shall be returned to that department. If an affidavit is filed under section 5122.11 of the Revised Code, a prosecuting attorney may file a request for the issuance of a safety protection order with respect to the person, as authorized under and described in section 2923.133 of the Revised Code. If a prosecuting attorney files such a request, the request shall be filed as soon as possible after, but not later than the end of the next court day after, the affidavit is filed under section 5122.11 of the Revised Code.

Sec. 5122.11. (A)(1) Proceedings for a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code shall be commenced by the filing of an affidavit in the manner prescribed by the department of mental health and addiction services and in a form prescribed in section 5122.111 of the Revised Code, by any person or persons with the probate court, either on reliable information or actual knowledge, whichever is determined to be proper by the court. This section does not apply to the hospitalization of a person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code.

The affidavit shall contain an allegation setting forth the specific category or categories under division (B) of section 5122.01 of the Revised Code upon which the jurisdiction of the court is based and a statement of alleged facts sufficient to indicate probable cause to believe that the person is a mentally ill person subject to court order. The affidavit ~~may~~ shall be accompanied~~, or the court may require that the affidavit be accompanied,~~ by a certificate of a psychiatrist, or a certificate signed by a licensed clinical psychologist and a certificate signed by a licensed physician stating that the person who issued the certificate has examined the person and is of the opinion that the person is a mentally ill person subject to court order, or shall be accompanied by a written statement by the applicant, under oath, that the person has refused to submit to an examination by a psychiatrist, or by a licensed clinical psychologist and licensed physician.

With regard to a defendant described in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code for whom criminal charges were dismissed, the affidavit shall contain a space for the trial court or prosecutor filing the affidavit to indicate that the person named in the affidavit is such a defendant.

Upon receipt of the affidavit, if a judge of the court or a referee who is an attorney at law appointed by the court has probable cause to believe that the person named in the affidavit is a mentally ill person subject to court order, the judge or referee may issue a temporary order of detention ordering any health or police officer or sheriff to take into custody and transport the person to a hospital or other place designated in section 5122.17 of the Revised Code, or may set the matter for further hearing. If a temporary order of detention is issued and the person is transported to a hospital or other designated place, the court that issued the order shall retain jurisdiction over the case as it relates to the person's outpatient treatment, notwithstanding that the hospital or other designated place to which the person is transported is outside the territorial jurisdiction of the court.

~~The~~ Subject to division (A)(2) of this section, the person may be observed and treated until the hearing provided for in section 5122.141 of the Revised Code. If no such hearing is held, subject to division (A)(2) of this section, the person may be observed and treated until the hearing provided for in section 5122.15 of the Revised Code.

(2) If the person was taken into custody under section 5122.10 of the Revised Code and a temporary order of detention is issued under division (A)(1) of this section, the person shall not be detained under the temporary order for more than four court days.

(B) No person shall provide false information on an affidavit filed under division (A) of this section.

Sec. 5122.13. Within two business days after receipt of the affidavit required by section 5122.11 of the Revised Code, the probate court shall refer the affidavit to the board of alcohol, drug addiction, and mental health services or community mental health services provider the board designates to assist the court in determining whether the respondent is subject to court-ordered treatment and whether alternatives to hospitalization are available, unless the services provider or board has already performed such screening. The board or services provider shall review the allegations of the affidavit and other information relating to whether or not the person named in the affidavit or statement is a mentally ill person subject to court order, and the availability of appropriate treatment alternatives. The records and information reviewed shall include, but are not limited to, any relevant law enforcement reports pertaining to the person named in the affidavit required by section 5122.11 of the Revised Code, any affidavits, in addition to the affidavit filed under section 5122.11 of the Revised Code, from relevant family members or witnesses to the person's behaviors or actions listed in the affidavit filed under section 5122.11 of the Revised Code, and all relevant medical records, subject to state and federal privacy and security protections. The medical records may include toxicology or other laboratory results, and notes of the nurses or medical treatment team that conducted the initial triage of the respondent upon arrival at the hospital.

The person who conducts the investigation shall promptly make a report to the court, in writing, in open court or in chambers, as directed by the court and a full record of the report shall be made by the court. All records and information reviewed as part of the investigation and the making of the report shall be made available to the respondent or the respondent's attorney for the purpose of any hearing conducted under section 5122.141 or 5122.15 of the Revised Code. The report is not admissible as evidence for the purpose of establishing whether or not the respondent is a mentally ill person subject to court order, but shall be considered by the court in its determination of an appropriate placement for any person after that person is found to be a mentally ill person subject to court order. The records and information reviewed as part of the investigation and the making of the report may be admissible as evidence for the purpose of establishing whether or not the respondent is a mentally ill person subject to court order. The records and information reviewed as part of the investigation and the making of the report are not public records open for review, inspection, and copying under section 149.43 of the Revised Code, and shall be maintained under seal by the court.

The court, prior to the hearing under section 5122.141 of the Revised Code, shall release a copy of the investigative report to the respondent's counsel.

Nothing in this section precludes a judge or referee from issuing a temporary order of detention pursuant to section 5122.11 of the Revised Code.

Sec. 5122.141. (A) A respondent who is involuntarily placed in a hospital or other place as designated in section 5122.10 or 5122.17 of the Revised Code, or with respect to whom proceedings have been instituted under section 5122.11 of the Revised Code, shall be afforded a hearing to determine whether or not the respondent is a mentally ill person subject to court order. The hearing shall be conducted pursuant to section 5122.15 of the Revised Code, and the respondent shall have the right to counsel as provided in that section.

(B) ~~The~~ If the respondent was taken into custody under section 5122.10 of the Revised Code, the hearing shall be conducted within four court days from the day on which the respondent was taken into custody. In all other cases, the hearing shall be conducted within five court days from the day on which the respondent is detained or an affidavit is filed, whichever occurs first,. The hearing shall be conducted in a physical setting not likely to have a harmful effect on the respondent, and may be conducted in a hospital in or out of the county. On the motion of the respondent, the respondent's counsel, the chief clinical officer, or on its own motion, and for good cause shown, the court may order a continuance of the hearing. The continuance may be for no more than ten days from the day on which the respondent is detained or on which an affidavit is filed, whichever occurs first. Failure to conduct the hearing within this time shall effect an immediate discharge of the respondent. If the proceedings are not reinstituted within thirty days, all records of the proceedings shall be expunged.

(C) If the court does not find that the respondent is a mentally ill person subject to court order, it shall order the respondent's immediate discharge, and shall expunge all record of the proceedings during this period.

(D) If the court finds that the respondent is a mentally ill person subject to court order, the court may issue an interim order of detention ordering any health or police officer or sheriff to take into custody and transport such person to a hospital or other place designated in section 5122.17 of the Revised Code, where the respondent may be observed and treated.

~~(E)~~(E)(1) If the court finds that the respondent is a mentally ill person subject to court order and if a prosecuting attorney has filed a request as authorized under and described in section 2923.133 of the Revised Code for the issuance of a safety protection order with respect to the respondent, the court at a hearing shall consider the request after making the finding that the respondent is a mentally ill person subject to court order. The respondent has a right to attend the hearing and be represented at the hearing by counsel, but counsel shall not be provided at government expense. If at the hearing the court finds that there is probable cause to believe that all criteria required under section 2923.133 of the Revised Code for the issuance of a safety protection order are satisfied, the court may issue a safety protection order pursuant to that section to any law enforcement officer serving the primary law enforcement agency with jurisdiction over the respondent's place of residence authorizing retrieval by the officer, as described in that section, of all firearms and dangerous ordnance owned by, possessed by, or in the control of the respondent. If the court issues a safety protection order and also orders treatment of the respondent in an outpatient setting or the release of the respondent for any reason, notwithstanding any provision of law to the contrary, the court shall not permit the outpatient treatment or release of the respondent under the order until the expiration of twelve hours after the issuance of the safety protection order to the law enforcement officer.

(2) If the court finds that the respondent is not a mentally ill person subject to court order and if a prosecuting attorney has filed a request as authorized under and described in section 2923.133 of the Revised Code for the issuance of a safety protection order with respect to the respondent, the finding that the respondent is not a mentally ill person subject to court order serves as the automatic denial of the request for the safety protection order and the court shall issue an order denying the request.

(F) A respondent or a respondent's counsel, after obtaining the consent of the respondent, may waive the hearing provided for in this section. In such case, unless the person has been discharged, a mandatory full hearing shall be held by the thirtieth day after the original involuntary detention of the respondent. Failure to conduct the mandatory full hearing within this time limit shall result in the immediate discharge of the respondent.

~~(F)~~(G) Where possible, the initial hearing shall be held before the respondent is taken into custody.

(H) As used in this section, "primary law enforcement agency with jurisdiction over the respondent's place of residence" has the same meaning as in section 2923.133 of the Revised Code.

Sec. 5122.15. (A) Full hearings shall be conducted in a manner consistent with this chapter and with due process of law. The hearings shall be conducted by a judge of the probate court or a referee designated by a judge of the probate court and may be conducted in or out of the county in which the respondent is held. Any referee designated under this division shall be an attorney.

(1) With the consent of the respondent, the following shall be made available to counsel for the respondent:

(a) All relevant documents, information, and evidence in the custody or control of the state or prosecutor;

(b) All relevant documents, information, and evidence in the custody or control of the hospital in which the respondent currently is held, or in which the respondent has been held pursuant to this chapter;

(c) All relevant documents, information, and evidence in the custody or control of any hospital, facility, or person not included in division (A)(1)(a) or (b) of this section.

(2) The respondent has the right to attend the hearing and to be represented by counsel of the respondent's choice. The right to attend the hearing may be waived only by the respondent or counsel for the respondent after consultation with the respondent.

(3) If the respondent is not represented by counsel, is absent from the hearing, and has not validly waived the right to counsel, the court shall appoint counsel immediately to represent the respondent at the hearing, reserving the right to tax costs of appointed counsel to the respondent, unless it is shown that the respondent is indigent. If the court appoints counsel, or if the court determines that the evidence relevant to the respondent's absence does not justify the absence, the court shall continue the case.

(4) The respondent shall be informed that the respondent may retain counsel and have independent expert evaluation. If the respondent is unable to obtain an attorney, the respondent shall be represented by court-appointed counsel. If the respondent is indigent, court-appointed counsel and independent expert evaluation shall be provided as an expense under section 5122.43 of the Revised Code.

(5) The hearing shall be closed to the public, unless counsel for the respondent, with the permission of the respondent, requests that the hearing be open to the public.

(6) If the hearing is closed to the public, the court, for good cause shown, may admit persons who have a legitimate interest in the proceedings. If the respondent, the respondent's counsel, or the designee of the director or of the chief clinical officer objects to the admission of any person, the court shall hear the objection and any opposing argument and shall rule upon the admission of the person to the hearing.

(7) The affiant under section 5122.11 of the Revised Code shall be subject to subpoena by either party.

(8) The court shall examine the sufficiency of all documents filed and shall inform the respondent, if present, and the respondent's counsel of the nature and content of the documents and the reason for which the respondent is being detained, or for which the respondent's placement is being sought.

(9) The court shall receive only reliable, competent, and material evidence.

(10) Unless proceedings are initiated pursuant to section 5120.17 or 5139.08 of the Revised Code, an attorney that the board designates shall present the case demonstrating that the respondent is a mentally ill person subject to court order. The attorney shall offer evidence of the facts proving that the respondent is a mentally ill person subject to court order, of the diagnosis, prognosis, record of treatment, if any, and of less restrictive treatment plans, if any. In proceedings pursuant to section 5120.17 or 5139.08 of the Revised Code, the attorney general shall designate an attorney who shall present the case demonstrating that the respondent is a mentally ill person subject to court order. The attorney shall offer evidence of the diagnosis, prognosis, record of treatment, if any, and less restrictive treatment plans, if any. If the affiant under section 5122.11 of the Revised Code is a law enforcement officer or a prosecuting attorney, the prosecuting attorney may elect to, but shall not be required to, present the case demonstrating that the respondent is a mentally ill person subject to court order.

(11) The respondent or the respondent's counsel has the right to subpoena witnesses and documents and to examine and cross-examine witnesses.

(12) The respondent has the right, but shall not be compelled, to testify, and shall be so advised by the court.

(13) On motion of the respondent or the respondent's counsel for good cause shown, or on the court's own motion, the court may order a continuance of the hearing.

(14) If the respondent is represented by counsel and the respondent's counsel requests a transcript and record, or if the respondent is not represented by counsel, the court shall make and maintain a full transcript and record of the proceeding. If the respondent is indigent and the transcript and record is made, a copy shall be provided to the respondent upon request and be treated as an expense under section 5122.43 of the Revised Code.

(15) To the extent not inconsistent with this chapter, the Rules of Civil Procedure are applicable.

(B) Unless, upon completion of the hearing the court finds by clear and convincing evidence that the respondent is a mentally ill person subject to court order, it shall ~~order~~ do all of the following:

(1) Order the respondent's discharge immediately;

(2) Order any law enforcement agency that is in possession of property retrieved pursuant to division (E) of section 5122.141 of the Revised Code and section 2923.133 of the Revised Code to return to the respondent all property retrieved under that division and section.

(C) If, upon completion of the hearing, the court finds by clear and convincing evidence that the respondent is a mentally ill person subject to court order, the court shall order the respondent for a period not to exceed ninety days to any of the following:

(1) A hospital operated by the department of mental health and addiction services if the respondent is committed pursuant to section 5139.08 of the Revised Code;

(2) A nonpublic hospital;

(3) The veterans' administration or other agency of the United States government;

(4) A board of alcohol, drug addiction, and mental health services or services provider the board designates;

(5) Receive private psychiatric or psychological care and treatment;

(6) Any other suitable facility or person consistent with the diagnosis, prognosis, and treatment needs of the respondent. A jail or other local correctional facility is not a suitable facility.

(D) Any order made pursuant to division (C)(2), (3), (5), or (6) of this section shall be conditioned upon the receipt by the court of consent by the hospital, facility, agency, or person to accept the respondent and may include a requirement that a person or entity described in division (C)(2), (3), (5), or (6) of this section inform the board of alcohol, drug addiction, and mental health services or community mental health services provider the board designates about the progress of the respondent with the treatment plan.

(E) In determining the entity or person to which the respondent is to be committed under division (C) of this section, the court shall consider all of the following:

(1) The respondent's diagnosis and prognosis made by a psychiatrist, licensed clinical psychologist, clinical nurse specialist who is certified as a psychiatric-mental health clinical nurse specialist by the American nurses credentialing center, or certified nurse practitioner who is certified as a psychiatric-mental health nurse practitioner by the American nurses credentialing center;

(2) The respondent's preferences;

(3) The respondent's projected treatment plan.

The court shall order the implementation of the least restrictive alternative available and consistent with treatment goals. If the court determines that the least restrictive alternative available that is consistent with treatment goals is inpatient hospitalization, the court's order shall so state.

(F) During the ninety-day period the entity or person shall examine and treat the respondent. If the respondent is receiving treatment in an outpatient setting, or receives treatment in an outpatient setting during a subsequent period of continued commitment under division (H) of this section, the entity or person to whom the respondent is committed shall determine the appropriate outpatient treatment for the respondent. If, at any time prior to the expiration of the ninety-day period, it is determined by the entity or person that the respondent's treatment needs could be equally well met in an available and appropriate less restrictive setting, both of the following apply:

(1) The respondent shall be released from the care of the entity or person immediately and shall be referred to the court together with a report of the findings and recommendations of the entity or person;

(2) The entity or person shall notify the respondent's counsel or the attorney designated by a board of alcohol, drug addiction, and mental health services or, if the respondent was committed to a board or a services provider designated by the board, it shall place the respondent in the least restrictive setting available consistent with treatment goals and notify the court and the respondent's counsel of the placement.

The court shall dismiss the case or order placement in the least restrictive setting.

(G)(1) Except as provided in division (G)(2) of this section, any person for whom proceedings for treatment have been commenced pursuant to section 5122.11 of the Revised Code, may apply at any time for voluntary admission or treatment to the entity or person to which the person was committed. Upon admission as a voluntary patient the chief clinical officer of the entity or the person immediately shall notify the court, the patient's counsel, and the attorney designated by the board, if the attorney has entered the proceedings, in writing of that fact, and, upon receipt of the notice, the court shall dismiss the case.

(2) A person who is found incompetent to stand trial or not guilty by reason of insanity and who is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall not voluntarily commit the person pursuant to this section until after the final termination of the commitment, as described in division (J) of section 2945.401 of the Revised Code.

(H) If, at the end of the first ninety-day period or any subsequent period of continued commitment, there has been no disposition of the case, either by discharge or voluntary admission or treatment, the entity or person shall discharge the patient immediately, unless at least ten days before the expiration of the period the attorney the board designates or the prosecutor files with the court an application for continued commitment. The application of the attorney or the prosecutor shall include a written report containing the diagnosis, prognosis, past treatment, a list of alternative treatment settings and plans, and identification of the treatment setting that is the least restrictive consistent with treatment needs. The attorney the board designates or the prosecutor shall file the written report at least three days prior to the full hearing. A copy of the application and written report shall be provided to the respondent's counsel immediately.

The court shall hold a full hearing on applications for continued commitment at the expiration of the first ninety-day period and at least every two years after the expiration of the first ninety-day period.

Hearings following any application for continued commitment are mandatory and may not be waived.

For a respondent who is ordered to receive treatment in an outpatient setting, if at any time after the first ninety-day period the entity or person to whom the respondent was ordered determines that the respondent has demonstrated voluntary consent for treatment, that entity or person shall immediately notify the respondent, the respondent's counsel, the attorney designated by the board, and the court. The entity or person shall submit to the court a report of the findings and recommendations. The court may dismiss the case upon review of the facts.

Upon request of a person who is involuntarily committed under this section, or the person's counsel, that is made more than one hundred eighty days after the person's last full hearing, mandatory or requested, the court shall hold a full hearing on the person's continued commitment. Upon the application of a person involuntarily committed under this section, supported by an affidavit of a psychiatrist or licensed clinical psychologist, alleging that the person no longer is a mentally ill person subject to court order, the court for good cause shown may hold a full hearing on the person's continued commitment prior to the expiration of one hundred eighty days after the person's last full hearing. Section 5122.12 of the Revised Code applies to all hearings on continued commitment.

If the court, after a hearing for continued commitment finds by clear and convincing evidence that the respondent is a mentally ill person subject to court order, the court may order continued commitment at places or to persons specified in division (C) of this section.

(I) Unless the admission is pursuant to section 5120.17 or 5139.08 of the Revised Code, the chief clinical officer of the entity admitting a respondent pursuant to a judicial proceeding, within ten working days of the admission, shall make a report of the admission to the board of alcohol, drug addiction, and mental health services serving the respondent's county of residence.

(J) A referee appointed by the court may make all orders that a judge may make under this section and sections 5122.11 and 5122.141 of the Revised Code, except an order of contempt of court. The orders of a referee take effect immediately. Within fourteen days of the making of an order by a referee, a party may file written objections to the order with the court. The filed objections shall be considered a motion, shall be specific, and shall state their grounds with particularity. Within ten days of the filing of the objections, a judge of the court shall hold a hearing on the objections and may hear and consider any testimony or other evidence relating to the respondent's mental condition. At the conclusion of the hearing, the judge may ratify, rescind, or modify the referee's order.

(K) An order of the court under division (C), (H), or (J) of this section is a final order.

(L) Before a board, or a services provider the board designates, may place an unconsenting respondent in an inpatient setting from a less restrictive placement, the board or services provider shall do all of the following:

(1) Determine that the respondent is in immediate need of treatment in an inpatient setting because the respondent represents a substantial risk of physical harm to the respondent or others if allowed to remain in a less restrictive setting;

(2) On the day of placement in the inpatient setting or on the next court day, file with the court a motion for transfer to an inpatient setting or communicate to the court by telephone that the required motion has been mailed;

(3) Ensure that every reasonable and appropriate effort is made to take the respondent to the inpatient setting in the least conspicuous manner possible;

(4) Immediately notify the board's designated attorney and the respondent's attorney.

At the respondent's request, the court shall hold a hearing on the motion and make a determination pursuant to division (E) of this section within five days of the placement.

(M) Before a board, or a services provider the board designates, may move a respondent from one residential placement to another, the board or services provider shall consult with the respondent about the placement. If the respondent objects to the placement, the proposed placement and the need for it shall be reviewed by a qualified mental health professional who otherwise is not involved in the treatment of the respondent.

(N) The entity or person to whom the respondent was ordered for treatment in an outpatient setting may submit a report to the court indicating that the respondent has either failed to comply with the treatment plan or begun to demonstrate signs of decompensation that may be grounds for hospitalization. On receipt of the report, the court shall promptly schedule a hearing to review the case. The court shall conduct the hearing in a manner consistent with this chapter and due process of law. The board shall receive notice of the hearing and the board and entity or person treating the respondent shall submit a report to the court with a plan for appropriate alternative treatment, if any, or recommend that the court discontinue the court-ordered treatment. The court shall consider available and appropriate alternative placements but shall not impose criminal sanctions that result in confinement in a jail or other local correctional facility based on the respondent's failure to comply with the treatment plan. The court may not order the respondent to a more restrictive placement unless the criteria specified in division (L) of this section are met and may not order the respondent to an inpatient setting unless the court determines by clear and convincing evidence presented by the board that the respondent meets the criteria specified in divisions (A) and (B)(1), (2), (3), or (4) of section 5122.01 of the Revised Code.

Sec. 5122.99. (A) A person who violates division (B)(2) of section 5122.32 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense.

(B) Whoever violates division (B) of section 5122.11 of the Revised Code is guilty of a misdemeanor of the first degree.

Sec. 5502.71. (A) As used in this section:

(1) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.

(2) "Identification document" has the same meaning as in section 311.51 of the Revised Code.

(3) "Prospective transferee" means the person who is the subject of a request made by a sheriff under division (B) of this section requesting the department of public safety to conduct background checks under this section.

(4) "Transfer" means, except as otherwise provided in this division, a person's sale, loaning, giving, or furnishing of a firearm to another person. "Transfer" does not include a person's gift of a firearm to a family member of the person.

(B) The department of public safety shall establish a mechanism for the conduct of background checks requested by a person who wishes to receive a firearm by transfer from another person who is not a federally licensed firearms dealer, and who has filed a petition with a sheriff under division (B)(2) of section 311.51 of the Revised Code requesting such background checks of the petitioner. Upon receipt of a request for background checks of a person that is made by a sheriff based on such a petition, the department shall access the national instant criminal background check system to verify that the applicant is eligible to lawfully receive or possess a firearm in the United States and, in addition, shall do all of the following:

(1) Conduct a firearms disability background check to ensure that none of the following apply to the prospective transferee:

(a) The prospective transferee is a fugitive from justice.

(b) The prospective transferee is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(c) The prospective transferee is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that if committed by an adult would have been a felony involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(d) The prospective transferee is a drug dependent person or in danger of drug dependence or is a chronic alcoholic.

(e) The prospective transferee has been adjudicated as a mental defective, has been committed to any mental institution, is under adjudication of mental incompetence, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.

(f) The prospective transferee is prohibited from acquiring, possessing, receiving, or using firearms pursuant to 18 U.S.C. 922(g) or 18 U.S.C. 922(n).

(2) Conduct any other background checks that are necessary for the department to determine whether the prospective transferee is prohibited by section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n) from acquiring, possessing, receiving, or using any firearm.

(C)(1) The department shall initiate the background check described in division (B)(1) of this section, and any background check the department determines is necessary under division (B)(2) of this section, immediately upon receiving the request for the checks from the sheriff.

(2) The department shall search all federal and state databases necessary to complete the background check described in division (B)(1) of this section, and any background check the department determines is necessary under division (B)(2) of this section. Upon completion of the background checks, the department shall notify the sheriff who requested the background checks as described in section 311.51 of the Revised Code of the results of the checks and, unless the applicant is prohibited by state or federal law, including section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), from acquiring, possessing, receiving, or using firearms, the department shall issue a seller's protection certificate as required by section 311.51 of the Revised Code. If the applicant is prohibited by state or federal law, including section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n), from acquiring, possessing, receiving, or using firearms, the department shall not issue a seller's protection certificate and shall notify the sheriff that the certificate is denied.

(D) A seller's protection certificate issued under this section shall identify the prospective transferee who was the subject of the background checks conducted as described in division (C)(2) of this section that were the basis of the issuance of the certificate in a manner that will sufficiently allow a person who is transferring a firearm to the prospective transferee to validate the identity of the prospective transferee by using the prospective transferee's identification document. The certificate shall state the name, age, gender, date of birth, and residence address of the prospective transferee. The certificate shall specify the date on which it is issued and shall state that the certificate is valid for ninety days. The certificate shall include a unique confirmation number that shall be used only for the purpose of verifying that background checks were conducted pursuant to this section. The certificate shall state that, at the time of its issuance, the prospective transferee was not prohibited pursuant to section 2923.13 of the Revised Code, 18 U.S.C. 922(g), or 18 U.S.C. 922(n) from acquiring, possessing, receiving, or using firearms.

(E) A request for background checks made by a sheriff based on a petition filed under division (B)(2) of section 311.51 of the Revised Code, all information related to such a request, the results of the background checks, and the fact of the issuance of a seller's protection certificate, if applicable, are not public records under section 149.43 of the Revised Code and are not subject to inspection or copying under that section. A request for background checks made by a sheriff based on a petition filed under division (B)(2) of section 311.51 of the Revised Code, all information related to such a request, the results of the background checks, and the fact of the issuance of a seller's protection certificate, if applicable, are confidential and shall not be divulged to any person other than for purposes of this section, section 311.51 of the Revised Code, and divisions (A)(8) and (D) of section 2923.20 of the Revised Code.

(F) Nothing in this section requires that, before a person may transfer a firearm to another person, a sheriff must request background checks as described in division (B) of this section of the person being transferred the firearm, the department of public safety must conduct background checks as described in division (C) of this section of the person being transferred the firearm, or the person being transferred the firearm must be issued a seller's protection certificate under division (D) of this section.

(G)(1) If the department of public safety denies the issuance of a seller's protection certificate under this section and section 311.51 of the Revised Code, and if the subject prospective transferee believes the denial was based on incorrect information received or used by the department in conducting the background checks that were the basis of the denial, the prospective transferee may challenge the background check results by using the challenge and review procedure of the department of public safety established pursuant to division (G)(2) of this section.

(2) The department of public safety shall prescribe a challenge and review procedure for applicants to use to challenge criminal records checks under division (G)(1) of this section.

Sec. 5502.72. (A) As used in this section:

(1) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.

(2) "Law enforcement agency" has the same meaning as in section 149.435 of the Revised Code.

(3) "Mentally ill person subject to court order" has the same meaning as in section 5122.01 of the Revised Code.

(B) As soon as possible after the effective date of this section, the department of public safety shall develop an educational pamphlet that explains the process set forth in section 5122.11 of the Revised Code for initiating proceedings for determining whether a person is a mentally ill person subject to court order, and a summary of the probate procedures and proceedings under sections 5122.11 to 5122.15 of the Revised Code regarding such a determination and subsequent treatment.

(C) As soon as possible after the department develops the educational pamphlet under division (B) of this section, the department shall make available at the offices of the department and shall provide copies of the pamphlet to all of the following:

(1) Each probate court in this state;

(2) Each law enforcement agency in this state;

(3) Each hospital in this state.

(D) Each probate court and each law enforcement agency that receives copies of the educational pamphlet provided under division (C) of this section, and each hospital that receives copies of the educational pamphlet provided under division (C) of this section and that operates an emergency room, shall make a copy of the pamphlet available to any person who is at the court, the agency, or the hospital and who believes that a family member of the person might be a mentally ill person subject to court order and represents a risk of physical harm to self or others.

(E) As soon as possible after the department develops the educational pamphlet under division (B) of this section, the department shall develop a public media advisory that summarizes the educational pamphlet and that indicates that the pamphlet is available at the offices of the department and at probate courts, law enforcement agencies, and hospital emergency rooms. Within thirty days after the media advisory is developed, the department shall provide a copy of the advisory to each daily newspaper published in this state and each television station that broadcasts in this state. The department may provide the advisory in a tangible form, in an electronic form, or in both a tangible and an electronic form.

Sec. 5502.73. (A) As used in this section, "restricted- access firearm" has the same meaning as in section 2923.21 of the Revised Code.

(B) Not later than ninety days after the effective date of this section, the department of public safety, by rule, shall prescribe a potential liability form that a person who is twenty-five years of age or older may use to be a co-signer for the sale of a restricted-access firearm to a person who is eighteen years of age or older and under twenty-one years of age. The form shall do all of the following:

(1) Recite a statement that the co-signer expressly agrees that if the person who is eighteen years of age or older and under twenty-one years of age is sold the restricted-access firearm and the person, while under twenty-one years of age, commits any felony offense and uses that firearm in the commission of the offense or brandishes that firearm during the commission of the offense, the co-signer will be subject to liability in a civil action for any injury, death, or loss to person or property proximately caused by, or during, the conduct constituting the offense;

(2) Include a space for the co-signer to indicate agreement with and acceptance of the potential liability described in division (B)(1) of this section, and to sign and date the form;

(3) Include a space for the person who is eighteen years of age or older and under twenty-one years of age to sign and date the form.

(C) As soon as possible after the department develops the form under division (B) of this section, the department shall include a printable version of the form on the department's web site.

(D) The department shall accept and retain all signed and dated copies of forms sent to it by sellers under division (A)(2)(c) of section 2923.21 of the Revised Code. The forms shall be kept confidential, are not a public record under section 149.43 of the Revised Code, and are not subject to inspection or copying under that section, and any form in the possession of the department shall not be made available to any person other than any of the following:

(1) A person who signed the form, or the person who sold the restricted-access firearm to the person who was eighteen years of age or older and under twenty-one years of age, for use in any of the following:

(a) A civil action under section 2307.68 of the Revised Code alleging any potential liability of a person related to the use or brandishing of the firearm in question in the commission of a felony offense;

(b) A criminal action or proceeding involving a charge of the felony offense in the commission of which the person who was sold the restricted-access firearm while eighteen years of age or older and under twenty-one years of age used or brandished that firearm;

(c) A criminal action or proceeding involving a charge against a person who signed the form or against the person who sold the restricted-access firearm to the person who was eighteen years of age or older and under twenty-one years of age, which charge is related to the sale of that firearm.

(2) Any court, hearing officer, or other necessary individual involved in any civil action described in division (D)(1)(a) of this section or a criminal action or proceeding described in division (D)(1)(b) or (c) of this section.

Section 2. That existing sections 2151.34, 2903.213, 2903.214, 2919.26, 2923.20, 2923.21, 2923.211, 3113.31, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, and 5122.99 of the Revised Code are hereby repealed.

Section 3. It is the intent of the General Assembly to enact legislation to appropriate eighty-five million dollars of federal funding made available by the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to be used by the Department of Mental Health and Addiction Services in coordination with the Department of Higher Education to recruit, train, and retain a robust behavioral health workforce.

Section 4. It is the intent of the General Assembly to enact legislation to allocate ninety million dollars of federal funding made available by the American Rescue Plan Act of 2021, Pub. L. No. 117-2, for onetime infrastructure investments to support the expansion of crisis infrastructure, such as stabilization units, short-term crisis residential services, mobile crisis response, and behavioral health urgent care centers. This funding shall also allow for the development of a mental health rehabilitation center in each of the regional psychiatric hospital catchment areas, based on the Adam-Amanda Mental Health Rehabilitation Center model which opened in 2018 in Athens, Ohio. Funds shall be used to pay for renovation, construction, operations, and technology upgrades for crisis services so that youth, adults, and families across Ohio have timely and evidence-based responses to psychiatric and addiction crises. Crisis services are coordinated among ADAMH Boards and their local partners in six regions associated with the state's six regional psychiatric hospitals. With this investment, each region shall receive funding to build out the region's regional crisis response more fully.